Cullen v Stanley

JurisdictionIreland
Judgment Date06 March 1926
Docket Number(1925. No. 1806.)
Date06 March 1926
CourtSupreme Court (Irish Free State)
S. C.,
Cullen
and
Stanley and others

Candidate for DÃ il Eireann - Definition of "candidate" - Libel - Interlocutory injunction - Corrupt and Illegal Practices Prevention Act (46 47 Vict., c. 51), s. 63 (1) - Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), s. 11 (1) and (5).

By s. 11 (1) of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923): —"Every person who, before or during any election and for the purpose of affecting the return of any candidate at that election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate . . . shall be guilty of an illegal practice"; and by sub-s. (5): —"Any person who shall make or publish any such false statement...

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7 cases
  • Reynolds v Malocco
    • Ireland
    • High Court
    • 1 January 1999
    ...EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 10 GALLAGHER V TUOHY 1924 58 ILTR 134 CULLEN V STANLEY 1926 IR 73 R V BISHOP 1975 1 QB 274 CRIMINAL EVIDENCE ACT 1898 S1(f)(II) SEXUAL OFFENCES ACT 1967 S1(1) (UK) Synopsis Damages Defamation; libel; justifica......
  • Tansey -v- Gill and Others
    • Ireland
    • High Court
    • 31 January 2012
    ...2009 S11(2) DEFAMATION ACT 2009 S33 REYNOLDS v MALOCCO 1999 2 IR 203 ELR 274 2002 GALLAGHER v TUOHY 1924 58 ILTR 134 CULLEN v STANLEY 1926 IR 73 DEFAMATION ACT 2009 S33(1) DEFAMATION Interlocutory injunction Publication on internet - Defence of justification - Whether court should interv......
  • Evans and Renaissance Products Ltd and another v Carlyle
    • Ireland
    • High Court
    • 8 May 2008
    ...should be granted - Campus Oil v Minister for Industry (No 2) [1983] IR 88 applied; Bonnard v Perryman [1891] 2 Ch 269, Cullen v Stanley [1926] IR 73, Sinclair v Gogarty [1937] IR 377 and Cogley v Radio Telefis Éireann [2005] 4 IR 79 considered - Injunction granted (2007/5496P - Hedigan ......
  • Lidl Ireland GmbH v Irish Farmers Association, Tim Cullinan and Brian Rushe
    • Ireland
    • High Court
    • 4 June 2021
    ...134 – that the court should not attempt to prejudge a plea of justification – and that taken by the Supreme Court in Cullen v. Stanley [1926] I.R. 73 – that a plea of justification did not automatically preclude the grant of an interlocutory injunction — Kelly J. preferred the latter. He fo......
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1 books & journal articles
  • The Relevane of Constitutional Rights to the Granting of an Interlocutory Injunction
    • Ireland
    • Hibernian Law Journal No. 12-2013, January 2013
    • 1 January 2013
    ...by Cooke J in Quinlavan v O’Dea [2009] IEHC 187, at para.20 71 Citing with approval the decision of the Supreme Court in Cullen v Stanley [1926] IR 73. 72 Reynolds, supra note 67, p.212 73 When discussing the “special factors” that arise for consideration in cases of defamation cases, Keane......